A collection agency obtained a judgement for me in Colorado. Sent the judgement to my employer, who is in California. And my wages were garnished in Nevada. No notice to me, or did they go through a sheriff. Is this legal ?
Chapter 7 Bankruptcy Attorney
I think what you may be asking is about the "full faith & credit" provision of the US Constitution. When one a judgment is granted in one state, other states have to recognize it. The process is to file the judgment with the local court. The fact that you did not receive notice does not mean that notice wasn't provided as required by state law. If you review the court files, it most certainly will show what efforts were made to provide you with notice.
BTW, did you ever live in Colorado? And does your employer maintain an office in Colorado? If so, it may not have been necessary for the creditor to record this judgment in either Nevada or California. Hope this perspective helps!
Chapter 13 Bankruptcy Attorney
My guess is that you are asking a set of laws called Federal Debt Collections Practices Act or FDCPA which mandates collections, procedures, penalties and abuses. There is $1000 dollar for each violations which include late night calling, abusive tactics, and unethical behavior. You have to be personally served for any complaint and summons or served via publications. You have to be a resident of the state of litigation or have some connection otherwise to be sued. It appears that the Plaintiff got a judgment against you which they are executing against you. Because you probably have lived or worked in three different states, maybe you had not received any of the summons. At this time, it is too late to reverse the judgment because the time period for any appeal, reversal has passed already. Call your Plaintiff and try to settle it so that you can avoid garnishment.
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.
Debt Collection Attorney
You need assistance from an attorney to sort through you legal problems. Ask your employer for all of the garnishment documents and go see an attorney. You may have a claim under the FDCPA for violation of the venue provisioin. Section 1692i
The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.